Watts

—Defendant Kellymay Rachell Watts appeals from an order granting probation following her plea of no contest to possession of methamphetamine for sale. Her appellate counsel asked this court for an independent review of the record to determine whether there are any arguable issues. (People v. Wende (1979) 25 Cal.3d 436 [ 158 Cal.Rptr. 839 , 600 P.2d 1071 ].) We requested briefing on whether the criminal laboratory analysis (crime-lab) fee imposed under Health and Safety Code section 11372.5 is subject to penalty assessments, which are proportionately levied on some monetary charges imposed on criminal defendants. We did so because a recent decision from the Appellate Division of the Nevada County Superior Court, People v. Moore (2015) 236 Cal.App.4th Supp. 10 [ 187 Cal.Rptr.3d 132 ] {Moore) concluded, contrary to the weight of authority, that the crime-lab fee is not subject to penalty assessments. Although we decline to adopt Moore’s rationale, we agree with its holding that the crime-lab fee is not subject to penalty assessments. As a result, we order the penalty assessments imposed on the crime-lab fee stricken but otherwise affirm.

I.

Factual and Procedural…